- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
Unknown customer – Court Ruling (Germany, 2018)
Court ruling predating the GDPR
This national court ruling predates the GDPR. Consult the recorded legal bases and decision for its applicable law. It is excluded from cookie statistics and the Risk Calculator.
A German court ruled on a dispute over a mobile phone contract and data processing. The case involved a person who claimed they had the right to withdraw from a contract, which affected their credit history. This ruling highlights the importance of clear contract terms and data handling.
What happened
The court addressed a dispute regarding a person's right to withdraw from a mobile phone contract and the subsequent data processing issues.
Who was affected
The individual who entered into the mobile phone contract and was affected by the data processing related to unpaid invoices.
What the authority found
The court examined the validity of the contract and the implications of data processing on the individual's credit history.
Why this matters
This case underscores the need for clear communication in contract terms and responsible data handling by companies. Businesses should ensure they understand the implications of their contracts on customer data.
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The data subject concluded a mobile phone contract with the controller on 25 September 2018. The contract gave the data subject the option to change her payment plan in the fourth to the sixth month of the contract in exchange for a contractual extension of another 24 months, which the defendant took on 27 December 2018. On the same day she received an affirmative response from the controller which stated that her "present payment plan will be cancelled on 27 December 2020". On 6 January 2019, the data subject sent the controller a letter stating that she is exercising her right to withdraw from the contract within 14 days after the contract ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32011L0083 Article 9 Consumer Rights Directive]). From 11 February 2019 until 10 July 2019 the controller invoiced her several times. The data subject did not pay these invoices. On 16 September 2019 the controller arranged an out-of-court SCHUFA entry against the data subject. On 27 September 2019, the controller commissioned the deletion of the entry by the SCHUFA. However, only after instructing the SCHUFA a second time to delete the entry, the entry was finally marked as to be deleted on 19.07.2021. As a result of the entry, the data subject was denied a loan on the 26 March 2020 and on 29 December 2020 a loan was only granted on the condition that the entry is erased. Because of the oustanding invoices, the controller initiated court proceedings against the data subject arguing that the data subject was bound by the contract and did not have a right to withdraw from the contract, because the change of the payment plan was a mere alteration of the original contract and not a new replacing contract. The data subject, on the other hand, argued that it was indeed a new contract which replaced the old one so she had a fourteen day period to withdraw from the contract under the respective German provision of [https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:3201
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Unknown customer in DE
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
22 May 2018
Authority
DPA LGKoblenz
About this data
Cite as: Cookie Fines. Unknown customer - Germany (2018). Retrieved from cookiefines.eu
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